Page 162 - Carte Falimentul BIR
P. 162

12. Thus,  under the cover of the liquidation company "Asset Reversion and
               Valuation", later referred to as "Moore Stephens (RVA)", the aforementioned
               have taken hundreds of billions of ROL from BIR funds, in various forms (own
               remunerations, "performance  bonuses", "fees"  etc.), received commissions,
               including deposits made from BIR funds – they used BIR assets (offices, cars,
               office, fixed telephones, mobile phones etc.) in their own interest, all of which
               clearly constitute undue advantages, and fall under the legal provisions mentioned
               above.

               13. It is also known that the mentioned liquidation firm sold high value BIR assets
               at ridiculous prices,  granted so-called facilities and discounts of hundreds of
               billions ROL to the bank's claims, producing enormous damage, all of which are
               acts of corruption or related to the acts of corruption provided and punished by
               the above mentioned legal norms.


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               Knowing that as of February 13  2002, when the Prosecutor's Office attached to
               the High Court of Cassation and Justice was notified of this case, the State's
               competent bodies did not take any action against this group of interests, there
               could be concluded that certain persons within the spheres of the old but also of
               the current powers and / or authorities, protect and defend the true high-level
               corrupted people who consider themselves above the law.


               14. The only institution that self-reported about the unlawful acts committed by
               the BNR in order to bankrupt BIR, was the Supreme Council of National Defense
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               (CSAT), which included on its day of July 17  2002, the issues of fraudulent
               bankruptcy of the International Bank of Religions.

               Particularly significant are, in our opinion, the following findings of the
               Presidential Administration Report no. DSN / 553/2002, on the basis of which
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               the CSAT discussed on July 17  2002, the problems of the fraudulent bankruptcy
               of the International Bank of Religions :


               a. "The BIR was put in a delicate situation by the information provided by the
               BNR to the media, information that had a strong impact among the depositors,
               leading to massive resource withdrawals, which led BIR to sell state bonds before
               maturity";

               b. " BNR gave BIR the grace stroke through Circular no. 6/2000, point 7, whereby
               the value of the assigned and  not yet paid receivables was  passed on "loss",
               although in the contracts there  mentioned laid down  staggered collection
               deadlines. Moreover, Circular no. 6/2000 has  been applied retrospectively,
               interfering with the constitutional principle of laws for non-retroactivity";


               c. "The  evolution of crises  and bank bankruptcy reveal the  fact that banking
               supervision in Romania is totally deficient. The BNR does everything in order to

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